240 U.S.

464
36 S.Ct. 399
60 L.Ed. 745

GREAT NORTHERN RAILWAY COMPANY, Plff. in Err.,

v.
O. B. KNAPP.
No. 690.
Argued February 24, 1916.
Decided March 20, 1916.

Messrs. A. L. Janes, M. L. Countryman, and E. C. Lindley for plaintiff in

error.
Messrs. Tom Davis, Ernest A. Michel, and John I. Davis for defendant in
error.
Mr. Justice Hughes delivered the opinion of the court:

This action was brought under the Federal employers' liability act. The plaintiff
(defendant in error) was the station agent at Dassel, Minnesota. It was a part of
his duty to attend the pump house some distance from the station, once or twice
a day, and keep filled the water tank for locomotives. The water was pumped
by means of a gasolene engine, and the pump and engine were in a small room.
In proceeding to start the pump at the time in question, the plaintiff's arm was
caught in the clutch of the engine and cut off. As the supreme court of the state
put it, the plaintiff claimed that 'he lost his balance, either through a slip upon
the greasy floor or a jerk by his coat being drawn into the fly wheel or shaft,
and in striking out to catch himself his hand and part of the arm came between
the crank of the shaft and top of the hood which partially but inadequately
guarded it.' The state court deemed the evidence to be 'very clear' that it was
practicable to interpose safeguards 'so as to fully protect from danger those who
had to pass by.' The plaintiff alleged negligence in his employer, in failing to
provide suitable protection; the company denied negligence and insisted upon
the defense of assumption of risk. The trial court held that upon the evidence
these questions were for the jury, and there was a verdict for the plaintiff. On
motion, a new trial was ordered unless the plaintiff should remit a portion of

the damages, and, this being done, judgment was entered, which was affirmed
by the supreme court of the state. 130 Minn. 405, 153 N. W. 848.
2

It was conceded that when the injury was received, plaintiff was engaged in
work pertaining to the defendant's business as a common carrier in interstate
commerce, and that the Federal act applied. The court recognized that, if
assumption of risk by the plaintiff was made out, it would bar recovery under
the act. Seaboard Air Line R. Co. v. Horton, 233 U. S. 492, 58 L. ed. 1062,
L.R.A.1915C, 1, 34 Sup. Ct. Rep. 635, 8 N. C. C. A. 834, Ann. Cas. 1915B,
475. The court charged the jury accordingly, and there was no exception by the
defendant to the charge, or request on its part for any additional instructions,
the defendant contenting itself with its motion for dismissal or for a direction of
a verdict in its favor. The case, then, is one in which there is no question as to
the interpretation of any provision of the Federal act, or as to the definition of
legal principle in its application, but simply involves an appreciation of all the
facts and admissible inferences in the particular case for the purpose of
determining whether there were matters for the consideration of the jury. The
state courts, trial and appellate, held that there were. Having regard to the
appropriate exercise of the jurisdiction of this court, we should not disturb the
decision upon a question of this sort unless error is palpable. The present case is
not of this exceptional character, and we confine ourselves to an announcement
of our conclusion. Seaboard Air Line R. Co. v. Padgett, 236 U. S. 668, 673, 59
L. ed. 777, 781, 35 Sup. Ct. Rep. 481; Seaboard Air Line R. Co. v. Koennecke,
239 U. S. 352, 355, 60 L. ed. , 36 Sup. Ct. Rep. 126.

Judgment affirmed.